My Employer Owes Me February Salary

The company that I was working for, NIPRO Construction, in Secunda Mpumalanga did not pay my salary for February because they called a meeting on the 22nd of February to inform us that they are liquidating on the 22nd of March due to lack of cash flow for that reason our salaries will fall under liquidation. I argued that liquidation is not happening in February and so they can pay salaries with the money they were due to receive from Sasol in Secunda at the end of March.

They said they will do it if the money is enough. I went to Labour Department in Secunda concerning this matter. I even wrote to the manager but there was no reply. I decided to call Zodwa Mbikwana then she asked me to send her an email concerning this matter.

I did manage to open a case with the Labour Department against NIPRO concerning my salary but I always had to call or send an SMS to the person who was dealing with my case for me to get feedback. That person said he called the Director of the company and he promised to email liquidation documents (Liquidation Certificate) but they do not demand the bank statement of the company from him to see if he got paid by Sasol from end of February until the 23 of March. They just kept saying if a company is in liquidating there is nothing they can do.

I also found out that Labour Department can even check on its system if the company has been getting paid. The person who is dealing with my matter even told me that the company has not declared liquidation. Of all the trouble I went through I still did not get my salary and I’m drowning in debts, the sheriff of the court even wanted to attach my assets last month. I was employed under a permanent contract but I did not even get a retrenchment letter as it is supposed to be when the company is liquidating. It looks like the Labour Department in Secunda is bigger than the Deputy Director General Zodwa Mbikwana because I kept calling and asking what must I do now because Labour Department has jurisdiction over this matter. Please help me!!

One Response to My Employer Owes Me February Salary

Pierre

If your monthly salary is not more than R15000 Go to your nearest magistrates court and ask to speak to the clerk of the small claims court. The clerk will then assist you to thee employer before the small claims court. The small claims court is free but you will have to pay the costs for the sheriff to serve summons on your employer. This is generally not more than R100. If it is so that your employer is being liquidated they will have to show proof of this to the court. If they cannot show proof and you can prove you have not bern paid, the court will give judgement in your favour. If the employer can show proof that it has been provisionally or finally liquidated, the court will suspend the court proceedings until a liquidator has been appointed and once a liquidator has been appointed the case will proceed with the liquidator as a party to the proceedings. The liquidator can either admit your claim or dispute it in which event the case proceeds. Once the liquidator has admitted your claim or the court gave judgement against the company in liquidation, your claim will be one of the many claims the liquidator must consider. You will then in all probability not get your full salary but only a percentage of it, because there will probably not sufficient funds for the liquidator to pay all creditors in full